it could've backed the election. she will have expert guest and analysis. it could come in below 200,000 again not good. thank you for watching. making money with charles payne is next. charles: more reaction tonight for the probe tied to the heap e-mail server. between the clinton foundation and the state department. a law enforcement source tells fox news and agents found documents related to the clinton foundation on his laptop and they also found documents that they strongly believed to be classified on the computer belonged to the estranged husband. two sources also tell fox news of theirs at fox -- a 99% chance that at least five agencies hacked the private clinton server.

let me go to you first here. of course this is a story and involves sources. we keep hearing that the massive turmoil between the fbi and the justice department in part because they want this information to be more public. >> is seeing a lot of the tensions and start to emerge because they have wanted to pursue this clinton foundation investigation more aggressively than the justice department was willing to let them. most of them have cited at the that lack of evidence that they felt fbi agents had. the revelation that they have. discovered on his computer could give fbi agents the power they need to override those concerns and into push for more aggressive tips. the justice department was reportedly denying them before this.

the new york agents felt that they are relevant records in the clinton server in fact they called it the trifecta a lot of this in the e-mails classified in information floating around in places they shouldn't be. can we trust clinton. her biggest weakness have been this issue of trust. in finding e-mails on a personal computer it hits the nail on the head. even if the investigation into the clinton foundation. she denied it was going on. this is a continuing problem for her. as more leaks come out. it's just more bad news for her. we want you to listen to what president barack obama has to say about security being compromised. >> it was important for her to answer the questions and they

can make their own judgment. i can tell you that this is not a certain situation in which the national security was endangered. >> he would give the same answer. it does appear that there's a lot more information out there than we previously thought. why is the justice department involved in this investigation. they should've been appointed a long time ago. that investigation would've never been closed to begin with. a lot of monday morning quarterback in. they may have to come up with another update before the election.

the bipartisan pressure to do so. i don't think clint would like it. and explained further what he was doing. they have proven themselves to be a cautious guy. it emerged weeks ago. they did all they could to ensure that this was a significant development before putting him out there publicly. based on what you just mentioned is not necessarily can help the cause. >> we are looking at something of a nightmare. these are from sources that are considered to be rep a little coal. if they do turn out to be in fact true from classified information to anthony weiner assessing them. what happens with that sort of administration.

>> it looks like they're going to continue to investigate and it could be an indictment. it's something that we are in uncharted territory. and the e-mail server. usually the classified information you strike away security clearances. how do you do that with the president. the matter which way goes. i don't think we really know what is in the e-mails that were found on the computer. they recently obtained a search warrant really allowing them to dig into that. i don't think we can have all of the information until we let the agents do their agent do their job. it certainly possible that this is not good to to be complete before the election.

>> when they talk about the agent's been able to do the job. that's at the crust of crest of this problem here. they were trying out rang out throughout the fbi headquarters. finally a step in the right direction. >> that's what we are hearing as well. there have been a lot of criticism of the fbi. trying to enter text interject itself in the selection. that certainly doesn't help the fbi do its job. to handle this because the reporting we have seen has shown the justice department to be politicized. it's not just limited to this investigation.

charles: i read your coverage on this. do you think he is a man to be able to get the fbi back together again or is it not really him. could it be his boss who is a problem here. who is a problem here. appears to believe that it is the operation that is potentially pumping the brakes. they would send the wrong message to agents about the priority that this case holds. >> just fascinating and really scary stuff at the same time. we do had breaking news for you right now. the mainstream media has gone to full block and tackle mode.

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>> the dishonest media among the most dishonest people in the world by the way. it's not even a big story. charles: donald trump telling his supporters that the mainstream media didn't devote much coverage to the issue leaking the debate questions

to the dnc. while also serving as a cnn contributor. he is right. the major network spent a collective ten seconds. joining me 20 me not to discuss. i have to go to you on this. there is another new bombshell that says john harwood sent podesta an e-mail warning him about dr. ben carson. it probably isn't just done in brazil right. >> the democrats in the mainstream media are two peas in a wad pod.

an establishment rotten pod. the mainstream media has really shed all pretense in this race and that shows with all of the collusion is taking place between big celebrity media people and directly with the campaign leadership for hillary clinton. it's a really fundamental question here. you clearly have got the obama department of justice to regular selection as well. where are the democrats working stand up and say we made a mistake. they will be bad from america because they will be on -- on the investigation. i can't answer the question even though i have his e-mails from all of these wikileaks. it's amazing that the game of one upmanship this is more

than just friendly friendships. a goes to not just cheerleading which we always suspected. when a high national security council son his own friends in the media. they have no experience other than serving on political campaigns often rooting for the democrats in the campaign. and i would to see it. and also been allied to what is being done here is not just liberal and progressive it's dishonest. they're concealing truth from their own consumers.

we know of course that they share the same ideology for the most part the media has donated to progressive in democratic candidates. but this crosses a line big time. you have to look at the facts though. donald trump benefited now you're conflating the issues. so you think it's okay for someone at a media organization to give advance notice to presidential candidate against arrival. do you think that's kosher? >> absolutely not. i'm glad that she resigned. that is inherently rock. i'm glad that donna stepped down. >> maybe with a few days to the election. he is a center of all this. he got most of this information and most people

feel of course the he pass it on. >> i agree. from a democratic strategist a point. right now we need to talk to issues that are actually affecting americans they still want that red meat. they want to know about the issues. the good news is that they're hearing about wikileaks or the fbi investigation. that's not all that the american public is hearing. these are actual missions. they are read easy to cover corruption scandals. they could tear this country apart in scandal if she is under investigation by the fbi with them now. the scandal is the media not covering the true stories.

within three votes in real clear politics average away from hillary. >> that's what you want to talk about. our those of the issues at you're talking about. you talk about womanizing. they won't cover corruption which is now been demonstrated across other medias. the media covers what they want to cover. a solemn promise he become a journalist there is a certain kind of responsibility that comes along with that. and we had two examples here. that was shattered big-time. we have to leave it there. thank you we appreciate it. >> you cannot miss burning company.

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charles: the narrative brewing that the scope of donald trump's reach is being under represented in the polls. there are many that argue that that number is shy. in a lot of people actually don't want to admit publicly that the good for donald trump. will the silent army show up next tuesday. a couple of articles.

the trump army israel but it's not as massive as the republicans want to be. they question whether it's one or 2%. that might offset hillary's ground game. is expected to add one or even 3% in the battleground states because they are very well organized. this could be an offset to this. we can take the polls at face value. it's the enthusiasm in the machine. people are embarrassed to say that. a shaming experience. he tried to put a tattoo there.

if it is those people that can really upset some of that swing states. there has been a survey that in fact it is about their people better educated people who are most embarrassed to say there for trump. look. we had been in settings social and otherwise where you go around the room. >> i get that a lot inby the wa. you know you been on the ground. not thousands or millions. when he first announced he was running. you're gonna see a 1980 landslide. the trump army is coming. charles: what are your

thoughts on this. i thinit's out there. i al believe you to focus on what you know. through your own modeling and focus on getting those people out. now that's at this is about. from where we were just a couple of weeks ago. especially where we were from after where the access hollywood videos first hit. it's a democratic party that's on the defense. in order to get those people out. the information has surfaced it keeps that. especially the soft clinton voters. they are really turnout on early voting.

and also african-american and others that we see. it was really considered a straight shooter. he saying hey, let's say it's really powerful in pennsylvania. and this might be why all of pennsylvania on the eve of the election because they believe that this army is real. it did show that they actually had 1% of people that are basically ashamed to say that they're voting for donald trump. they said it in online polls. that does exist. it is within the margin of error. it's not enough to make a difference.

>> i know we've been taught not to believe our eyes when donald trump goes from campaign event to campaign event. and each one is larger than the other. and people wait for hours. to me it speaks louder than the data points. >> i think the enthusiasm is real. you see that the voters that are very enthusiastic about donald trump there are more of them than there are for hillary clinton. part of that is one sort of a perfect storm of events that i mentioned previously with the fbi. and also the obama care premiums increasing as well. i think you can have this perfect storm closing into election day that is really negative for hillary clinton. it seems that the candidate that is taking the heat at the

moment the other candidate ends up doing better in the polls. do you want to be in this position heading into election day. >> you talk about the polls in the polls. they're not touching the pulse of america. they may go down despite the roar of the people. at old dominion, we see freight... ...as a combination of products and customers. every on-time arrival is backed by thousands

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charles: great britain bracing for a firestorm after the highest court ruled they must get parliament's approval before exiting the eurozone.

steve, this was a shocking development, particularly since it felt that theresa may was adamant about getting out as soon as possible, enacting article 50. now this is a major setback. >> it is. it makes me laugh, really. i have written an opinion piece and said i was joke on twitter if donald trump wins the election here the establishment will want a recount or a second election. that's what happened here. the people spoke and the establishment didn't like the answer. so they are trying to do anything they can to reverse or slow down the best they can the decision of the people. it was the biggest democratic mandate for anything in the history of britain ever. and how they are trying to overturn it through the courts

or any other technique they can use. but it's not going to work. charles: there was debate even if the court had jurisdiction over this, theresa may thanked prerogative to break up these sort of treaties. >> it was a very political ruling from the court. let's explain what happened. before the referendum the british government, david cameron the prime minister went to parliament and they passed the fact that this would be decided in a are even dumb. parliament did have a vote. and they said this is something that should be decided in the referendum and that's the final answer. in the materials the government distributed to every household, they made it clear that this was the decision of the people, they would have the final say. for the courts now to turn around on the basis of a challenge brought by a regular

person who didn't like the outcome supported by businesses to say we think parliament needs to have another look at it when parliament before said the people should have the final say. she can appeal it. they may win it on appeal. but even if they lose it it goes back to parliament. i can't believe the british members of parliament will vote to overturn the results of the referendum. either way it will happen, it's just going to be delayed. charles: most of the economists in the u.k. and around the world, the businesses there, they believe this will be an unmitigated disaster. they may not care about the embarrassment of going against the will of the people, if this is their last chance to keep power and economic might. is there a chance parliament, if

they make the final decision, say, okay, let's put it on the shelf. >> there is a chance. the truth is, in parliament the majority is for staying in the e.u. they are part of the establishment, too. i think they are overturning the voice of the people in that way will mean they are going to get voted out. thing about businesses they warned that this would be a disaster and there would be immediate recessions and it would be a complete catastrophe for the economy. none of those dire predictions have turned out to be true. it's a small number of financial institutions, it's the big global businesses that like the certainty of being in the e.u. there are plenty of smaller businesses who want to be free of the regulatory burden from being in the e.u. so this is not clear-cut, business on one side and the

people on the other. charles: little guys are saying this might be a chance for us to enjoy -- there is a cautionary tale for voters, isn't there. >> exactly right. it's the establishment versus the will of the people. everyone needs to understand they need to get out there and vote. if you want to see real change happen in washington and throughout the country, then you have got -- the establishment knows how to fight back, and you have to have a clear-cut result to get the change you want to see. charles: the market seeing losses for the 8th straight day. month here.

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call us or your advisor. t. rowe price. invest with confidence. charles: five days left until election and swing state polls a real shock. we'll have it later in the show.

charles: it's been a steady drip, drip. the s & p is lower for the 8th consecutive day. the anxiety is obvious. the result is this ray doer-thin election. there are other causes as well. the economic data has been floppy. there hasn't been a great sense of panic. but the s & p 500 has got to hold or the dam will break. the market does face the challenge of leadership as 9 lagers are beginning to mounts. we saw 52-week highs and new lows. on the new york stock exchange only 15 new highs versus 97 new

lows. there were some results after the bell that saw major names beating revenue. now all eyes to shift to the jobs report. 165 service sector jobs were created. but construction lost 1,000. so the net was 147,000. service employment did expand for the 81st consecutive month. but that group had a lower slower rate for the consecutive month.

the conclusion here is i suspect maybe 160,000 jobs at best were created last month. keep an eye on hourly wages. could that be the news that gets us out of this tailspin? it feels like america's prosperity has been in a downfall. and i'm telling you it's not an illusion. this woman owns this house, with new cabinets from this shop, with handles designed here, made here, shipped from here, on this plane flown by this pilot, who owns stock in this company, that builds big things and provides benefits to this woman, with new cabinets. they all have insurance crafted personally for them.

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charles: there is a new study that shows prosperity has hit new highs globally. but at this particular report we landed number 17. the u.s. fell to 52nd in terms of security and 32 in health. the idea that we have gone from 1 to 17 is a headline. >> if you look at the time frame that we have gone from 10 to 17, that would encompass the time when corporations were encouraging people to buy back their stop rather than expanding their businesses. we are starting to see the ramifications of that in declining prosperity, charles.

charles: it has to be businesses building things and investing in things. >> i disagree. all the tenets of this poll in which they think the business environment is fantastic. i disagree. i think we made it difficult for people to start businesses. they think we are number 8 in education. i would say we are number 30. they think we are number 52 in safety and security. i don't think the united states is that unsafe a place. but for all those components being somewhat skewed, i think america has fallen behind. and that's why donald trump's message of making america great again resonates. whether it's infrastructure investment or teaching our kids what they need to learn in school to come neat this environment, we are not getting the job done, and i think people are aware of that.

charles: i remember years ago helping my son with homework and going on internet,er test, there were two versions of it. the hard version and easy version. and he was getting the easy version. i think this 17 is going to look good in a few years if we don't change it. >> the whole idea of education and the countries have so many more committed to stem that help raise up future generations of people. we don't have the improvement of our education system. charles: when it comes to businesses that daniel booth is talking about, they have the stimulus that can turn this country around.

how do we get them to put it to work. do we get them by singling them out and punishing them for being overseas or focus on removing regulations and lowering taxes. wouldn't they come in and say now we'll put money to work? >> capitalism works because business decisions were made to generate growth for the economy. it makes it very injurious. the obama administration has laid on to our economy an enormous layer of uncertainty. businesses will not invest if they are worried about what their future returns are going to look like because they don't know if a montan -- if a mountaf regulations will come down on their backs. >> this is one of the largest

expansions in u.s. history and what do we have to show for it? other than bonuses going up. >> one of the examples that's important for the next administration to get right is energy policies. companies around the world look at the united states and an affluent country in terms of energy resources. but the government has made it clear they want to shut down our hydrocarbon. >> how many displaced energy workers would still be in business if we passed the pipeline. charles: there is five days to go until the election. we have swing state poll shockers next. it's upsetting the experts, that's for sure. we'll be right back.

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charles: five days down and we are coming down to the wires. the latest polls out of new hampshire show donald trump and hillary clinton in a tie. meanwhile all eyes are on florida where polls are seesawing back and forth. let me start with you. everyone is talking about this blue wall. we are starting to see cracks in the blue wall. even hillary clinton spent time in arizona yesterday. >> donald trump is the underdog but he's not a long-shot. in the last two weeks nate silver predicted that trump's

chances of winning this election doubled. florida is a must-win state for donald trump. what we are seeing is republicans are mor -- are more enthuse aenthused about their c. we are beating the democrats in that area. compared to 2012, democrats had beaten the early vote. that is a crucial swing state and it is within his grasp. charles: new hampshire you have back-to-back polls that show donald trump ahead. this is refreshing and spot on, and they don't have early voting. i don't think any of the democratic strategists marked off new hampshire for trump. in most modeling those 4 electoral votes could put him

over the top. >> it's a critical state and we haven't heard enough about it. it's one of the states that can make the difference. kelly made a great point about the early voting in florida. traditionally republicans don't vote as early and frequently as democrats. the fact that trump is up there in terms of early voting and mail-in. all of a sudden the tide is turning. charles: the clock is ticking. there is something to be said for momentum. the kind of momentum we have seen on main street is reflected in the polls. >> we are seeing early voting in florida. hillary clinton hit a wall. her momentum has gone down the tubes and donald trump, his momentum is increasing. i think she peaked too soon. and donald trump has yet to peak.

that's the way you want to peak, going into election day. charles: everyone talks about her get-out-the-vote machine and many people think it helps barack obama win key states like florida. >> she is going to need that machine. there isn't a lot of enthusiasm for hillary clinton. there was for bernie sanders. she need barack obama, bill clinton, she need a whole group of people. donald trump doesn't have all those surrogates. charles: do you have a number in your head? do you have a number for tuesday night? >> i don't have a number. i think it will be razor-thin. i don't think it will be a blowout at all. charles: we are seeing it out west, too. it could be a long night. we don't know where colorado is

going to be. it was checked off for hillary clinton a week ago. nevada was checked off for hillary a week ago. a major tossup. how do you see the path for donald trump winning this thing? >> he's going to have to win florida and pick up some of these blue states. michigan could be up for play. there hasn't been any good polling there. there is a lot -- the working class vibe is definitely in donald trump's fair. everyone predicted hillary clinton would win big and bernie sanders came out with the victory because of the working class vote. he might get wisconsin as well. he will need a few of these rust belt states as well as florida, then he has the path forward. char our map. donald trump has got ohio. he went from a toss-up.

but to me it looks like he's got clear momentum. it would be something of a shocker. thank you all for joining me. appreciate. we always appreciate when you watch the show. here is lou dobbs. [♪] lou: good evening, everybody. five days until the election and donald trump has blown the electoral map wide open. as of today clinton lead trump by just 46 votes in the real clear politics electoral college map. that is the smallest margin between the two candidates since early october, and real clear politics shows trump is caught up with clinton in new hampshire. trump now has a clear albeit difficult path to the white house. so he is stressing to voters that the vote for hillary clinton would mean a vote for unprecedented corruption, that